The popularity of YouTube has made it possible for anyone to become a media publisher and can make an average person suddenly famous for a day. It seems that every week another video is posted that becomes a popular topic among friends and family members. Some of these videos are taken of other people with or without their knowledge. Consider the following scenario: You are on your way to school one day and are having a conversation with friends in your carpool. You are momentarily distracted when someone in the back seat makes a funny joke in an attempt to lighten the atmosphere. You turn around to speak to the person and the next thing you know you have jumped the curb and hit a stop sign. Meanwhile, a friend driving by who witnessed the accident thought it was funny and filmed the accident on her cell phone. She posted the video on YouTube with the title “Lousy Driver Alert!” Answer the following questions:
(a) What is the likelihood you would know this video existed on YouTube?
The likelihood is very high, these youtube videos go like wild fire. Once a person uploads the video and send the link to a few people, you may even be on the news. There was an incident that happened in Alabama where a robber broke into an apartment and assaulted someone. The local news station went and interviewed the victim and the victim's responses to the questions was posted on youtube. A few days later someone had made a music video and it had gone world wide. They were on all the local news stations and even talk shows.
(b) Should the motorist who filmed the accident be required to get your release before posting the video? Why or why not?
Yes, not only legally but just out of respect, especially if it was a friend. Sometimes, in my opinion, these situations go beyond the legality, put yourself in that situation. What if. it were you? Would you want that to happen to you? Just because it appears no one was hurt, you never know what the mental and emotional effect is. Then on the legal side you could be sued for slander, discrimination and so many other things. (c) Does this scenario violate any guidelines provided by YouTube?
Yes, it does violate YouTube's guidelines. YouTube policy states:
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. In this case, the person did not have the right, so the guidelines have definitely been violated.
(d) If you became aware of the video, what would you do?
If it were a friend of mine, I would let them know how hurtful and unkind their actions were and definitey put them in my place. It would be hard for me to sue or prosecute, but may end a good friendship, which may be a tough punishment. e) Should someone be allowed to capture video of you without your knowledge? Why or why not? If you answer no, how could society police this action?
Well we are captured on video everyday, like when you visit stores or different places. Sometimes even when you visit people's houses you are being videoed. So its not that you are being videoed, but, it's what they do with it. You can't stop public places from having cameras, it's for their protection and mine too. They just need not do anything illegal with the video.
The popularity of YouTube has made it possible for anyone to become a media publisher and can make an average person suddenly famous for a day. It seems that every week another video is posted that becomes a popular topic among friends and family members. Some of these videos are taken of other people with or without their knowledge. Consider the following scenario: You are on your way to school one day and are having a conversation with friends in your carpool. You are momentarily distracted when someone in the back seat makes a funny joke in an attempt to lighten the atmosphere. You turn around to speak to the person and the next thing you know you have jumped the curb and hit a stop sign. Meanwhile, a friend driving by who witnessed the accident thought it was funny and filmed the accident on her cell phone. She posted the video on YouTube with the title “Lousy Driver Alert!” Answer the following questions:
(a) What is the likelihood you would know this video existed on YouTube?
The likelihood is very high, these youtube videos go like wild fire. Once a person uploads the video and send the link to a few people, you may even be on the news. There was an incident that happened in Alabama where a robber broke into an apartment and assaulted someone. The local news station went and interviewed the victim and the victim's responses to the questions was posted on youtube. A few days later someone had made a music video and it had gone world wide. They were on all the local news stations and even talk shows.
(b) Should the motorist who filmed the accident be required to get your release before posting the video? Why or why not?
Yes, not only legally but just out of respect, especially if it was a friend. Sometimes, in my opinion, these situations go beyond the legality, put yourself in that situation. What if. it were you? Would you want that to happen to you? Just because it appears no one was hurt, you never know what the mental and emotional effect is. Then on the legal side you could be sued for slander, discrimination and so many other things.
(c) Does this scenario violate any guidelines provided by YouTube?
Yes, it does violate YouTube's guidelines. YouTube policy states:
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to YouTube all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. In this case, the person did not have the right, so the guidelines have definitely been violated.
(d) If you became aware of the video, what would you do?
If it were a friend of mine, I would let them know how hurtful and unkind their actions were and definitey put them in my place. It would be hard for me to sue or prosecute, but may end a good friendship, which may be a tough punishment.
e) Should someone be allowed to capture video of you without your knowledge? Why or why not? If you answer no, how could society police this action?
Well we are captured on video everyday, like when you visit stores or different places. Sometimes even when you visit people's houses you are being videoed. So its not that you are being videoed, but, it's what they do with it. You can't stop public places from having cameras, it's for their protection and mine too. They just need not do anything illegal with the video.